2010 ADA Definition
Disability: Disability means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment.
(1) The phrase physical or mental impairment means – (i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; (ii) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities; (iii) The phrase physical or mental impairment includes, but is not limited to, such contagious and noncontagious diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism; (iv) The phrase physical or mental impairment does not include homosexuality or bisexuality.
(2) The phrase major life activities means functions such as caring for one´s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
(3) The phrase has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
(4) The phrase is regarded as having an impairment means – (i) Has a physical or mental impairment that does not substantially limit major life activities but that is treated by a private entity as constituting such a limitation; (ii) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or (iii) Has none of the impairments defined in paragraph (1) of this definition but is treated by a private entity as having such an impairment.
(5) The term disability does not include – (i) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (ii) Compulsive gambling, kleptomania, or pyromania; or (iii) Psychoactive substance use disorders resulting from current illegal use of drugs.
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
§ 36.302(b)(2) Illustration
A health care provider may refer an individual with a disability to another provider, if that individual is seeking, or requires, treatment or services outside of the referring provider's...
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations)
Sec.36.302(b)(2)
A health care provider may refer an individual with a disability to another provider, if that individual is seeking, or requires, treatment or services outside of the referring provider's...
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Additional Access Publications > Emergency Travel Safety Tips for Overnight Stays
Resources:
Emergency Evacuation Planning Guide for People with Disabilities, (2016), National Fire Protection Agency
Emergency Evacuation Preparedness: Taking Responsibility for Your Safety, A Guide...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1190, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way: Notice of Proposed Rulemaking (NPRM)
Unfunded Mandates Reform Act
final rules that enforce constitutional rights of individuals or enforce statutory rights that prohibit discrimination on the basis of race, color, sex, national origin, age, handicap, or disability...
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Research and History > Regulations and Standards History > Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
Beginning of National Barrier-Free Standards
Beginning of National Barrier-Free Standards
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1950
In the 1950s, disabled veterans and other people with disabilities...
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-3.4000 Separate benefit/integrated setting
A primary goal of the ADA is the equal participation of individuals with disabilities in the "mainstream" of American society....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
12. Personal Care Attendant (PCA)
While PCAs may travel with a passenger with a disability, transportation agencies are not required to provide a personal care attendant or personal care attendant services to meet the needs...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12112(d)(2)(A) Prohibited examination or inquiry
-Except as provided in paragraph (3), a covered entity shall not conduct a medical examination or make inquiries of a job applicant as to whether such applicant is an individual with a disability...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12112(d)(2)(A) Prohibited examination or inquiry
Except as provided in paragraph (3), a covered entity shall not conduct a medical examination or make inquiries of a job applicant as to whether such applicant is an individual with a disability...
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Federal Documents > Technical Assistance > ADAAG Manual
Leased/ Assigned Parking
Use of accessible spaces by people without disabilities may be possible so long as access is not denied to people with disabilities as needed....
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1195 Proposed Accessibility Standards for Medical Diagnostic Equipment NPRM - Preamble
M101.1 Purpose
The proposed standards contain technical criteria for medical diagnostic equipment that is accessible to and usable by patients with disabilities....
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Links > Federal Department or Agency
Voters with Disabilities: Additional Monitoring of Polling Places Could Further Improve Accessibility
Study
Voting is fundamental to our democracy, and federal law generally requires polling places to be accessible to all eligible voters for federal elections, including voters with disabilities...
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Corada Voices > General Comments or Questions
Bus Shelter Benches
By: James Terry
I think bus shelter benches are most important for people with disabilities who need to sit and rest. The clear space within the shelter is required to accommodate wheelchair users....
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Building a Winning Record
Throughout the 1980s, the disability community recorded an impressive string of judicial and legislative victories that helped build the disability movement’s credibility in Washington....
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Federal Documents > Technical Assistance > ADA/Section 504 Design Guide - Accessible Cells in Correction Facilities
ADA/Section 504 Design Guide - Accessible Cells in Correction Facilities
Department of Justice
Civil Rights Division
Disability Rights Section
Americans with Disabilities Act
Section 504 of the Rehabilitation Act
ADA/Section 504 Design Guide: Accessible...
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Federal Documents > Regulations > 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through Aug. 2015)
§27.7(b)(1)(iii)
(iii) Provide a qualified person with a disability with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
What does the Air Carrier Access Act (ACAA) say?
The ACAA prohibits U.S. and foreign air carriers from discriminating against an air traveler with a disability on the basis of such disability (49 U.S.C. 41705)....
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
§ 36.303(c)(1)
(1) A public accommodation shall furnish appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities....
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
Adaptability
The ability of certain building spaces and elements, such as kitchen counters, sinks, and grab bars, to be added or altered so as to accommodate the needs of individuals with or without disabilities...
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Federal Documents > Regulations > 29 CFR Part 1630, Regulations to Implement the Equal Employment Provisions of the ADA (Title I Regulations with amendments issued through May 2016)
§1630.14(d)(2) Voluntary
An employee health program that includes disability-related inquiries or medical examinations (including disability-related inquiries or medical examinations that are part of a health risk...
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-208.2.3.3 Parking for guests, employees, and other non-residents
Note: When assigned parking is provided, Chapter 11A indicates designated accessible parking for the adaptable residential dwelling units shall be provided on requests of residents with disabilities...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Other specific exclusions
Other specific exclusions
The Act states that homosexuality and bisexuality are not impairments and therefore are not disabilities under the ADA....
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
§35.130(b)(1)(v)
(v) Aid or perpetuate discrimination against a qualified individual with a disability by providing significant assistance to an agency, organization, or person that discriminates on the...
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
§ 36.302(f)(2)(i)
(i) Inform individuals with disabilities, their companions, and third parties purchasing tickets for accessible seating on behalf of individuals with disabilities of the locations of all...